SB1759

Regular Session

Relating to the declaration of an oil or gas emergency by the Railroad Commission of Texas and the liability of a person for assistance, advice, or resources provided in relation to an oil or gas emergency.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Railroad Commission of Texas (RRC)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Immunity applies only to causes of action accruing on or after this date).
Agency Rulemaking: While no specific rulemaking deadline is mandated, the RRC must internally establish protocols for issuing "Emergency Declarations." Watch for RRC guidance in Summer 2025 regarding who constitutes an "authorized representative" for requesting aid.

Immediate Action Plan

Update Emergency Response Plans (ERPs): Insert a "Government Request Protocol" into your ERP immediately.
Create a Deployment Authorization Form: Draft a simple one-page form for field supervisors to have signed by the on-site Agency Incident Commander confirming the request for resources.
Review Insurance Policies: Consult your broker to ensure that operations conducted under a "Good Samaritan" government request do not inadvertently void coverage under specific "business operation" exclusions in your GL or PLL policies.
Monitor RRC Open Meetings: Watch for the RRC to delegate authority for declaring emergencies to the Executive Director, as this will determine the speed at which these protections can be activated.

Operational Changes Required

Contracts

Mutual Aid Agreements: Review existing peer-to-peer mutual aid agreements. You must distinguish between contractual aid (governed by MSAs/contracts) and state-requested aid (governed by SB1759 immunity).
Subcontractor Flow-Downs: If you deploy subcontractors (e.g., haulers, excavation) to an RRC-requested emergency, your vendor agreements must specify they are acting under the agency’s request to extend the immunity shield to them.

Hiring/Training

Crisis Management Training: Train Incident Commanders and Dispatchers to distinguish between a commercial dispatch and a government-requested emergency.
Verification Protocols: Staff must be trained to verify that an active RRC Emergency Declaration exists *before* deploying assets if they intend to rely on this statute for liability protection.

Reporting & Record-Keeping

Statutory Immunity File: For every deployment under this statute, you must create a specific compliance file containing:
1. A copy of the RRC’s written Emergency Declaration (Sec. 91.952).
2. Written proof of the request for assistance from an authorized agency representative (email, text, or signed field order).
Expiration Tracking: The declaration expires after 30 days unless renewed. Operations extending beyond Day 30 require verification of renewal to maintain immunity.

Fees & Costs

No New Fees: The bill imposes no new levies or filing fees.
Cost Recovery: The bill addresses liability, not payment. Ensure your standard rates are agreed upon or that you understand the reimbursement mechanism (if any) separate from the liability immunity.

Strategic Ambiguities & Considerations

"Authorized Representative": The statute grants immunity if assistance is requested by an "authorized representative." It is currently undefined whether an RRC Field Inspector has this authority or if requests must originate from the District Director or Executive Director. Until clarified, treat field requests as provisional and seek immediate written confirmation from District leadership.
Gross Negligence Threshold: Immunity is voided by "gross negligence" or "reckless disregard." This is a high legal bar, but it is fact-intensive. The definition of "reckless" in a crisis environment will likely be litigated; adherence to standard safety protocols remains mandatory.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCivil Remedies & Liabilities Disaster Preparedness & Relief Oil & Gas Railroad Commission

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1759
89R8041 AMF-D	By: Birdwell
	Natural Resources
	3/24/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Oil and gas operators frequently contribute to cleanup efforts, well plugging, and emergency responses during well breakouts or blowouts. Their resources play a large role in addressing Texas' increasing well plugging challenges. However, volunteer response delays often arise as companies hesitate to get involved due to liability concerns.

This bill would create a "good Samaritan" type statute that would provide liability protection if an operator helps out with an "oil and gas emergency" declared by the Railroad Commission. This new declaration would trigger the liability protection, resulting in quicker and better industry assistance.

As proposed, S.B. 1759 amends current law relating to the declaration of an oil or gas emergency by the Railroad Commission of Texas and the liability of a person for assistance, advice, or resources provided in relation to an oil or gas emergency.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 91, Natural Resources Code, by adding Subchapter U, as follows:

SUBCHAPTER U.� OIL OR GAS EMERGENCIES

Sec. 91.951.� DEFINITION. Defines "oil or gas emergency."

Sec. 91.952.� EMERGENCY DECLARATION.� (a) Authorizes the Railroad Commission of Texas (RRC) by proclamation to declare an oil or gas emergency if RRC finds that an oil or gas emergency has occurred. Requires that a proclamation issued under this section include a description of the nature of the oil or gas emergency and a designation of the area threatened by the oil or gas emergency.

(b)� Prohibits an emergency proclamation issued under Subsection (a) from continuing for more than 30 days unless renewed by RRC.

Sec. 91.953.� EMERGENCY ASSISTANCE.� (a)� Provides that, except in the case of gross negligence, recklessness, or intentional misconduct, a person is immune from civil liability for an act or omission that occurs in giving assistance, advice, or resources, including the use of the person's assets, employees, or contractors, with respect to the management of an oil or gas emergency that is declared by RRC under Section 91.952 and in which the assistance, advice, or resources are provided at the request of an authorized representative of a state, local, or federal agency.

(b)� Provides that the immunities provided by this section are in addition to any other immunity or limitations of liability provided by law.

SECTION 2.� Provides that Subchapter U, Chapter 91, Natural Resources Code, as added by this Act, does not apply to a cause of action that accrued before the effective date of this Act.

SECTION 3.� Effective date: September 1, 2025.

Senate Authors

Sen. Brian BirdwellRepublican · Primary Author

House Sponsors

Rep. Paul DysonRepublican · Primary Sponsor

Joint Sponsors

Drew Darby (R)

Bill Text(with markup)

S.B. No. 1759

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the declaration of an oil or gas emergency by the
	Railroad Commission of Texas and the liability of a person for
	assistance, advice, or resources provided in relation to an oil or
	gas emergency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 91, Natural Resources Code, is amended
	by adding Subchapter U to read as follows:
	SUBCHAPTER U. OIL OR GAS EMERGENCIES
	Sec. 91.951. DEFINITION. In this subchapter, "oil or gas
	emergency" means an emergency related to an oil and gas operation,
	as defined by Section 81.0523, including the uncontrolled release
	of oil, gas, or produced water from an oil or gas well or other type
	of well regulated by the commission.
	Sec. 91.952. EMERGENCY DECLARATION. (a) The executive
	director of the commission may declare an oil or gas emergency if
	the executive director finds that an oil or gas emergency has
	occurred. A declaration issued under this section must:
	(1) be in writing;
	(2) be authorized by the executive director; and
	(3) include:
	(A) a description of the nature of the oil or gas
	emergency; and
	(B) a designation of the area threatened by the
	oil or gas emergency.
	(b) An emergency declaration issued under Subsection (a)
	may not continue for more than 30 days unless renewed as provided by
	this subsection. If the commission determines that the emergency
	is likely to continue beyond the 30th day after the date the
	emergency was declared under Subsection (a), the commission may
	renew the declaration for additional 30-day periods as necessary
	for public health and safety until the emergency no longer exists.
	(c) If the commission determines that an oil or gas
	emergency no longer exists, the commission may terminate the
	declaration issued under Subsection (a) or allow the declaration to
	expire.
	Sec. 91.953. EMERGENCY ASSISTANCE. (a) Except in the case
	of gross negligence, recklessness, or intentional misconduct, a
	person is immune from civil liability for an act or omission that
	occurs in giving assistance, advice, or resources, including the
	use of the person's assets, employees, or contractors, with respect
	to the response to an oil or gas emergency:
	(1) that is declared under Section 91.952; and
	(2) in which the assistance, advice, or resources are
	provided at the request of an authorized representative of a state,
	local, or federal agency.
	(b) The immunities provided by this section are in addition
	to any other immunity or limitations of liability provided by law.
	SECTION 2. Subchapter U, Chapter 91, Natural Resources
	Code, as added by this Act, does not apply to a cause of action that
	accrued before the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 23, 2025

TO:	Honorable Brian Birdwell, Chair, Senate Committee on Natural Resources

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1759 by Birdwell (Relating to the declaration of an oil or gas emergency by the Railroad Commission of Texas and the liability of a person for assistance, advice, or resources provided in relation to an oil or gas emergency.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

455 Railroad Commission

LBB Staff:

JMc, TUf, MW, JOc

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Frequently Asked Questions

Common questions about SB1759

What does Texas SB1759 do?

SB1759 establishes a statutory "Good Samaritan" defense for the oil and gas sector, granting civil liability immunity to entities providing assistance, advice, or resources during a Railroad Commission (RRC) declared emergency. This protection applies only when assistance is explicitly requested by an authorized government representative, requiring operators and service companies to strictly document the "chain of request" to utilize the legal shield. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Immunity applies only to causes of action accruing on or after this date).

Who authored SB1759?

SB1759 was authored by Texas Senator Brian Birdwell during the Regular Session.

When was SB1759 signed into law?

SB1759 was signed into law by Governor Greg Abbott on May 27, 2025.

Which agencies enforce SB1759?

SB1759 is enforced by Railroad Commission of Texas (RRC).

How urgent is compliance with SB1759?

The compliance urgency for SB1759 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1759?

The cost impact of SB1759 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1759 address?

SB1759 addresses topics including civil remedies & liabilities, disaster preparedness & relief, oil & gas and railroad commission.

Legislative data provided by LegiScanLast updated: November 25, 2025

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